Schroeder v. Schroeder

54 N.W.2d 49, 262 Wis. 133, 1952 Wisc. LEXIS 338

Opinion

Brown, J.

Findings of fact by the trial judge are not to be set aside on appeal unless they are contrary to the great weight and clear preponderance of the evidence. Swazee v. Lee (1951), 259 Wis. 136, 47 N. W. (2d) 733; Estate of Witwer (1948), 253 Wis. 536, 34 N. W. (2d) 671. In matters of custody, the welfare of the child is the controlling consideration. Hansen v. Hansen (1947), 251 Wis. 574, 30 N. W. (2d) 227. We have read the testimony and conclude that a recitation of it here is inconsistent with a proper regard for the welfare of the children. It supports overwhelmingly the findings and conclusions of the learned trial court.

By the Court. — Judgment affirmed.

Fairchild, J., took no part.